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Story. I am actually not in a state. It is about getting my…

Customer Question
Long story. Lawyer's Assistant:...

Long story.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am actually not in a state.

Lawyer's Assistant: Has anything been filed or reported?

Yes.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is about getting my children back asap.

Submitted: 7 months ago.Category: Canada Family Law
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Customer reply replied 7 months ago
I was feeling terrible physically, mentally and emotionally, like a horrible mom, on October 30th. The house was a disaster, the kids were out of control and my hormones were out of whack. As such, I called my CAS worker, Beth. I told her that I didn't think I should be their mom anymore as I was so bad at it. She came over, with her boss, told me instead of giving away my parental rights I should sign a kinship agreement and let my mother in law in Toronto take the boys temporarily. Fast forward a month, they are miserable ... I am miserable, I have taken several steps to get help so that I am able to care for the boys and I am now being told it will be at least 6 months!
Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 7 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 1 hour by:
12/4/2017
Family Lawyer: ulysses101, Lawyer replied 7 months ago
ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3,748
Experience: Over 10 years litigation experience in family, criminal, and civil law
Verified

Hello, thank you for the questions.

How old are the kids, and how many?

What changes did you make or programming did you do in the past month?

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Customer reply replied 7 months ago
13, 9 and 8.
I have made appointments for psychological help as well as I have a Drs appointment on the 21st to get put back on the pill (this will help level put the hormones), as well as get genetic testing done for ehlers Danlos syndrome. My youngest son just tested as gifted so that helps one of the biggest areas of struggle ... getting him to school, to do homework. He was taking almost all my energy.
To clarify, I have never been abusive (although I have spanked and yelled), just overwhelmed as I was widowed when they were 6, almost 3 and 17 months old. I just needed a break as I was having a breakdown.
Family Lawyer: ulysses101, Lawyer replied 7 months ago

So the kids are with their grandmother on a "respite care agreement"? Is there a contract? A court order?

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Customer reply replied 7 months ago
There is a kinship agreement, I have since rescinded it as it was done voluntarily.
Customer reply replied 7 months ago
Not through the courts, never have the courts been involved.
Family Lawyer: ulysses101, Lawyer replied 7 months ago

You can rescind the voluntary placement, that's true. But then you are playing a game of chicken with the CAS. If they don't agree that it's safe enough for the kids to come home they will simply apprehend the kids to keep them where they are.

A judge is likely to say that one month isn't nearly enough time to implement the changes which you clearly recognized you needed. Making some appointments is the first step.

Feel free to take your agreement to Legal Aid and make an application to get a free lawyer to help you negotiate and deal with the CAS. It sounds like you're on your way to beginning a combative relationship with the CAS, which is likely to keep the children away longer.

Does that make sense?

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Customer reply replied 7 months ago
it does and I will.
Family Lawyer: ulysses101, Lawyer replied 7 months ago

Anything else to discuss? My concern for you is that you can claim you did the right thing when you called the CAS initially. But unless you are really making the changes you know you needed, then things won't be any better if the kids come back too soon. That's certainly how the CAS will see it.

I'm here if you have question or comment. If I've answered you then I'd appreciate a positive service rating please. Ratings are how I get paid by the site for helping its customers.

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Family Lawyer: ulysses101, Lawyer replied 7 months ago

Is there more about your topic to raise with me?

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